Agenda, decisions and minutes

Apologies for absence were received from Councillor Adrian Lowe who was unable to attend as he was on Mayoral duty, June Molyneaux and Ralph Snape

The Chair on behalf of the Committee extended best wishes to Councillor Ralph Snape for a speedy recovery.

Members are reminded of their responsibility to declare any personal interest in respect of matters contained in this agenda. If the interest arises only as result of your membership of another public body or one to which you have been appointed by the Council then you only need to declare it if you intend to speak.

If the personal interest is a prejudicial interest, you must withdraw from the meeting. Normally you should leave the room before the business starts to be discussed. You do, however, have the same right to speak as a member of the public and may remain in the room to enable you to exercise that right and then leave immediately. In either case you must not seek to improperly influence a decision on the matter.

In accordance with the provisions of the Local Government Act 2003, the Council’s Constitution and the Members Code of Conduct, the following Members declared a prejudicial interest in relation to the planning applications listed below, which were included on the meetings agenda for determination.

Councillor Alan CainPlanning Applications 07/00998/FULMAJ and 07/00999/FULMAJ

Councillor Dennis EdgerleyPlanning Applications 07/00998/FULMAJ and 07/00999/FULMAJ

To confirm as a correct record the minutes of the meeting of the Development Control Committee held on 11 September 2007 (enclosed)

RESOLVED – That the minutes of the meeting of the Development Control Committee held on 11 September 2007 be confirmed as a correct record for signing by the Chair.

Table (enclosed)

Please note that copies of the location plans are included with the agenda. Plans to be considered will be displayed at the meeting or may be viewed in advance by following the links to current planning applications on our website www.chorley.gov.uk/planning

The Corporate Director (Business) submitted reports on a number of planning applications to be determined by the Committee.

RESOLVED – That the planning applications, as now submitted, be determined in accordance with the Committee’s decisions and recorded below:

Report of the Corporate Director (Business) (enclosed)

Planning Permission granted subject to Legal Agreements and conditions

(The Committee received representations from an objector, the applicant’s agent and a ward representative, Councillor Greg Morgan)

Application No:                  07/00684/FULMAJ

Proposal:                   Proposed 25 Residential properties, access alteration and provision of existing residents parking.

Location:                    Land to rear of 243-289, Preston Road, Clayton-Le-Woods

Decision:

It was proposed by Councillor Eric Bell, seconded by Councillor, to refuse planning permission on the grounds of over development of the area and inadequate car parking provision.

An amendment to the motion was proposed by Councillor Dennis Edgerley, seconded by Councillor Danny Gee, and subsequently RESOLVED (8:6) to approve planning permission subject to a legal agreement and the following conditions:

1. The proposed development must be begun not later than three years from the date of this permission.

Reason: Required to be imposed by Section 51 of the Planning and Compulsory Purchase Act 2004.

2. No development shall take place until a scheme of landscaping has been submitted to and approved in writing by the Local Planning Authority, notwithstanding any such detail which may have previously been submitted.  The scheme shall indicate all existing trees and hedgerows on the land; detail any to be retained, together with measures for their protection in the course of development; indicate the types and numbers of trees and shrubs to be planted, their distribution on site, those areas to be seeded, paved or hard landscaped; and detail any changes of ground level or landform.

Reason: In the interests of the amenity of the area and in accordance with Policy No.GN5 of the Adopted Chorley Borough Local Plan Review.

3. All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of any buildings or the completion of the development, whichever is the sooner, and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent to any variation.

Reason:  In the interest of the appearance of the locality and in accordance with Policy No GN5 of the Adopted Chorley Borough Local Plan Review.

4. The development hereby permitted shall not commence until samples of all external facing materials to the proposed buildings (notwithstanding any details shown on previously submitted plans and specification) have been submitted to and approved in writing by the Local Planning Authority.  The development shall only be carried out using the approved external facing materials.

Reason:  To ensure that the materials used are visually appropriate to the locality and in accordance with Policy Nos. GN5 of the Adopted Chorley Borough Local Plan Review.

5. The development hereby permitted shall not commence until full details of the colour, form and texture of all hard ground- surfacing materials (notwithstanding any such detail shown on previously submitted plans and specification) have been submitted to and approved in  ...  view the full minutes text for item 115a

Report of Corporate Director (Business) (enclosed)

Decision deferred

(The Committee received representations from two objectors to the proposals)

Application No:            07/00976/FUL

Proposal:                   Regulation 3 Application for the formation of lighting scheme to recreation ground, including sports floodlighting for bowling greens and tennis courts.

Location:                    Coronation Recreational Ground, Devonshire Road, Chorley

Decision:

The application was deferred to be able to present the Committee information about how the scheme has been developed, who supports it, what consultation was undertaken and what it aims to achieve.

Report of Corporate Director (Business) (enclosed)

Planning permission granted subject to Legal Agreement

(The Committee received representation from an objector to the proposals)

Application No:                  07/00868/FULMAJ

Proposal:                   Demolition of existing dwelling and development of 18no. residential dwellings

Location:                    605, Preston Road, Clayton-Le-Woods, Chorley

Decision:

It was proposed by Councillor Harold Heaton, seconded by Councillor Caunce, and subsequently RESOLVED (9:3) to grant planning permission subject to a legal agreement and the following conditions:

1. The proposed development must be begun not later than three years from the date of this permission.

Reason: Required to be imposed by Section 51 of the Planning and Compulsory Purchase Act 2004.

2. The development hereby permitted shall not commence until full details of the colour, form and texture of all external facing materials to the proposed buildings have been submitted to and approved in writing by the Local Planning Authority.  The development shall only be carried out using the approved external facing materials.

Reason:  To ensure that the materials used are visually appropriate to the locality and in accordance with Policy Nos. GN5 and HS4 of the Adopted Chorley Borough Local Plan Review.

3. No development shall take place until a scheme of landscaping has been submitted to and approved in writing by the Local Planning Authority, notwithstanding any such detail which may have previously been submitted.  The scheme shall indicate all existing trees and hedgerows on the land; detail any to be retained, together with measures for their protection in the course of development; indicate the types and numbers of trees and shrubs to be planted, their distribution on site, those areas to be seeded, paved or hard landscaped; and detail any changes of ground level or landform.

Reason: In the interests of the amenity of the area and in accordance with Policy No.GN5 of the Adopted Chorley Borough Local Plan Review.

4. All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of any buildings or the completion of the development, whichever is the sooner, and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent to any variation.

Reason:  In the interest of the appearance of the locality and in accordance with Policy No GN5 of the Adopted Chorley Borough Local Plan Review.

5. The development hereby permitted shall not commence until the applicant has submitted to and had approved in writing by the Local Planning Authority a desk top study, site walkover and risk assessment.

Reason: In the interests of safety and in accordance with Policy EP16 of the Adopted Chorley Borough Local Plan Review

6. Before development commences a scheme indicating the removal and relocation to an agreed position, of the bus stop and shelter to the south of the proposed access into the site on Preston Road  ...  view the full minutes text for item 115c

Report of Corporate Director (Business) (enclosed)

Planning permission refused on planning grounds

(Councillor Alan Cain and Councillor Dennis Edgerley declared a prejudicial interest; they remained in the meeting but took no part in the voting)

(The Committee received representations from an objector to the proposals)

Application No:                  07/00998/FULMAJ

Proposal:                   Proposed 24 no. dwellings

Location:                    Parcel 9, Land 106m East of 74, Keepers Wood Way, Chorley

Decision:

It was proposed by Councillor Roy Lees, seconded by Councillor Danny Gee, to refuse planning permission.

An amendment to the motion was proposed by Councillor Harold Heaton, seconded by Councillor David Dickinson, to grant planning permission. Upon being put to the vote, the motion was lost (5:6).

Consequently the original motion was then put to the vote and was RESOLVED (6:5) to refuse planning permission of the development for the following reason:

The proposed development, by virtue of the siting of the properties in relation to the existing dwellinghouse, will adversely impact on amenities that the neighbours could reasonably expect to enjoy. Inadequate space is retained between the proposed dwellingshouses and the existing dwellinghouses. As such the proposal is considered contrary to Government advice contained in PPS3, Policy HS4 of the Adopted Chorley Borough Local Plan Review and the Council’s Approved Guidelines for New Housing Developments.

Report of Corporate Director (Business) (enclosed)

Application removed from the agenda

Application No:                  07/00703/FULMAJ

Proposal:                   Change of use and extension of industrial and residential buildings to form offices, and construction of industrial access road with associated car parking

Location:                    Common Bank Farm, Common Bank Lane, Chorley

Decision:

The application was withdrawn from the agenda.

Report of Corporate Director (Business) (enclosed)

Planning permission granted.

Application No:                  07/00818/REMMAJ

Proposal:                   Reserved Matters application for a revised scheme of the reserved matters approved under reference 06/00077/REMAJ dated 26 July 2006 for the construction of residential development comprising 56 dwellings, open space and associated infrastructure pursuant to outline planning permission reference 04/01457/OUTMAJ

Location:                    Land 105m South East of 1, Little Carr Lane, Chorley

Decision:

It was proposed by Councillor Patricia Haughton, seconded by Councillor David Dickinson, and subsequently RESOLVED to grant full planning permission subject to the following conditions:

1. The proposed development must be begun not later than three years from the date of this permission.

Reason: Required to be imposed by Section 51 of the Planning and Compulsory Purchase Act 2004.

2. The external facing materials detailed on the approved plan(s) shall be used and no others substituted without the prior written approval of the Local Planning Authority.

Reason:  To ensure that the materials used are visually appropriate to the locality and in accordance with Policy Nos. GN5 and HS4 of the Adopted Chorley Borough Local Plan Review.

Report of Corporate Director (Business) (enclosed)

Outline planning permission granted

Application No:                  07/00902/OUTMAJ

Proposal:                   Outline application for the erection of new community fire station

Location:                    Fire Training Centre, Washington Hall, Washington Lane, Euxton, Chorley

Decision:

It was proposed by Councillor Dennis Edgerley, seconded by Councillor Danny Gee, and subsequently RESOLVED to grant outline planning permission subject to the following conditions:

1. An application for approval of the reserved matters must be made to the Council before the expiration of two years from the date of this permission and the development hereby permitted must be begun either before the expiration of three years from the date of this permission, or before the expiration of one year from the date of approval of the last of the reserved matters to be approved, whichever is the later.

Reason: Required to be imposed by Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

2. Surface water must drain separate from the foul and no surface water will be permitted to discharge to the foul sewerage system.

Reason: To secure proper drainage and in accordance with Policy Nos. EP17 and EM2 of the Adopted Chorley Borough Local Plan Review.

3. Prior to being discharged to any watercourse, surface water or soakaway system, all surface water drainage from parking areas shall be passed through trapped gullies with an overall capacity compatible with the site being drained.

Reason: To prevent pollution of the Water Environment.

Report of Corporate Director (Business) (enclosed)

Planning permission granted

Application No:                  07/00934/REMMAJ

Proposal:                   Reserved Matters application for the demolition of Talbot Arms public house and residential development of (19no. units) .4Ha

Location:                    Land East of the Talbot Arms and South of Botany Brow Works, Mason Street, Chorley

Decision:

It was proposed by Councillor Dennis Edgerley, seconded by Counciloor David Dickinson, and subsequently RESOLVED to grant planning permission subject to a Legal Agreement and the following conditions:

1. The proposed development must be begun not later than three years from the date of this permission.

Reason: Required to be imposed by Section 51 of the Planning and Compulsory Purchase Act 2004.

2. No development shall take place until a scheme of landscaping and a management plan has been submitted to and agreed in writing by the Local Planning Authority, notwithstanding any such detail, which may have previously been submitted.  The scheme shall indicate all existing trees and hedgerows on the land; detail any to be retained, together with measures for their protection in the course of development; indicate the types and numbers of trees and shrubs to be planted, their distribution on site, those areas to be seeded, paved or hard landscaped; and detail any changes of ground level or landform.

Reason: In the interests of the amenity of the area and in accordance with Policy No.GN5 of the Adopted Chorley Borough Local Plan Review.

3. All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of any buildings or the completion of the development, whichever is the sooner, and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent to any variation.

Reason:  In the interest of the appearance of the locality and in accordance with Policy No GN5 of the Adopted Chorley Borough Local Plan Review.

4. No works shall take place until the applicant, or their agent or successors in title, have secured the implementation of a programme of building recording and analysis.  This must be carried out by a professionally qualified archaeological/building recording consultant or organisation in accordance with a written scheme of investigation which shall first have been submitted to and agreed in writing by the Local Planning Authority.  Upon completion of the programme of building recording and analysis it shall be submitted to the Local Planning Authority.

Reason : To ensure and safeguard the recording and inspection of matters of archaeological/historic importance associated with the building and in accordance with Policy No. GN1 of the Adopted Chorley Borough Local Plan Review.

5. Before the development hereby permitted is first commenced full details of existing and proposed ground levels and proposed building slab levels (all relative to ground levels adjoining the site) shall have been submitted to and approved in  ...  view the full minutes text for item 115h

Report of Corporate Director (Business) (enclosed)

Full planning permission granted

(Councillor Alan Cain and Councillor Dennis Edgerley declared a prejudicial interest in the application; they remained in the room for the discussions but took no part in the voting)

Application no:            07/00999/FULMAJ

Proposal:                   Proposed 14no. dwellings

Location:                    Parcel 8 Land 50m South of 1 Folly Wood Drive, Chorley

Decision:

It was proposed by Councillor Roy Lees, seconded by Councillor Henry Caunce, and subsequently RESOLVED to grant full planning permission subject to the following conditions:

1. The proposed development must be begun not later than three years from the date of this permission.

Reason: Required to be imposed by Section 51 of the Planning and Compulsory Purchase Act 2004.

2. No development shall take place until a scheme of landscaping has been submitted to and approved in writing by the Local Planning Authority, notwithstanding any such detail which may have previously been submitted.  The scheme shall indicate all existing trees and hedgerows on the land; detail any to be retained, together with measures for their protection in the course of development; indicate the types and numbers of trees and shrubs to be planted, their distribution on site, those areas to be seeded, paved or hard landscaped; and detail any changes of ground level or landform.

Reason: In the interests of the amenity of the area and in accordance with Policy No.GN5 of the Adopted Chorley Borough Local Plan Review.

3. All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of any buildings or the completion of the development, whichever is the sooner, and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent to any variation.

Reason:  In the interest of the appearance of the locality and in accordance with Policy No GN5 of the Adopted Chorley Borough Local Plan Review.

4. The development hereby permitted shall not commence until samples of all external facing materials to the proposed buildings (notwithstanding any details shown on previously submitted plans and specification) have been submitted to and approved in writing by the Local Planning Authority.  The development shall only be carried out using the approved external facing materials.

Reason:  To ensure that the materials used are visually appropriate to the locality and in accordance with Policy Nos. GN5 of the Adopted Chorley Borough Local Plan Review.

5. The development hereby permitted shall not commence until full details of the colour, form and texture of all hard ground- surfacing materials (notwithstanding any such detail shown on previously submitted plans and specification) have been submitted to and approved in writing by the Local Planning Authority.  The development shall only be carried out in conformity with the approved details.

Reason:  To ensure a satisfactory form of development in the interest  ...  view the full minutes text for item 115i

Report of Corporate Director (Business)

The Corporate Director (Business) submitted a report setting out which policies in the Chorley Borough Local Plan Review had been saved and the implications for those policy areas now not covered by the saved policies.

Nationally adopted Local Plan policies were automatically saved for three years following the introduction of the Local Development Framework process. The Government had recently informed the Council which of the policies in the Chorley Borough Local Plan Review were to be saved indefinitely. Most policies are so saved including unimplemented development allocations. In other policy areas reliance will be placed solely on national and regional policies.

An Appendix to the report listed the Local Plan policies that had not been saved. These related to policy areas that were either fully covered by national policies (and in some case are backed up by regional policies) or are no longer relevant in other respects.

Information on which policies are no longer saved and the implications are now inserted into all local plans that are sold and a similar note has been added to the relevant page of the Council’s website.

RESOLVED – That the report be noted.

Report of Corporate Director (Business) (enclosed)

The Committee received a report of the Corporate Director (Business) giving notification of the lodging of one appeal against the refusal of planning permission and one appeal that had been dismissed.

RESOLVED – That the report be noted.

Selected Planning Applications that have been determined by the Corporate Director (Business) following consultation with the Chair and Vice-Chair of the Committee (table enclosed)

The Committee received for information, a table listing a number of planning applications for Category ‘B’ development proposals which had or were intended to be, determined by the Chief Officer under the adopted scheme of delegations, following consultation with the Chair and Vice Chair of the Committee.

RESOLVED – That the report be noted.

Schedule (enclosed)

The Committee received for information a schedule listing the remainder of the planning applications that had been determined by the Corporate Director (Business) under delegated powers between 29 August and 25 September 2007.

RESOLVED – That the schedule be noted.

Tabled at the meeting